The daughter of a sixty-year-old who died in the spring of 2022, shortly after being brutally attacked with a hammer by a neighbor, laments the complete nonchalance of the justice and health systems while the attacker is free as air and so on It is difficult for her to get clear answers.
“My mother has fallen between two cracks, that’s obvious,” says Geneviève Gauvin full of despair and anger, who has knocked on every door since her mother’s violent crime in February 2022. The young woman cannot know whether her mother’s death was due to her attack is attributable.
Geneviève Gauvin wages a real bureaucratic battle to get justice for her mother, who died six weeks after a brutal hammer attack. MARTIN ALARIE / LE JOURNAL DE MONTRÉAL
The list of strange and unusual elements in this case is long: no autopsy, no forensic examination, no possibility of obtaining his mother’s medical records, the verdict was expressly made, the defendant is at large and unconditionally quick despite the seriousness of the crimes .
Wild and free
On February 25 last year, her mother, Solange Paré, was peacefully going about her business when her neighbor broke down her door.
The door of the house where Solange Paré lived during the attack. Philippe Harvey smashed the window with a hammer to gain entry. MARTIN ALARIE / LE JOURNAL DE MONTRÉAL
The 64-year-old woman was brutally and wantonly beaten with a hammer.
Solange Paré died in May 2022 as a result of an attack six weeks earlier. Courtesy of Geneviève Gauvin
In addition to numerous fractures, Ms. Pagé suffered a perforation of her left lung. She died in hospital on May 8, six weeks later, from causes that may have been related to her injuries.
So that her mother could always be with her, Geneviève Gauvin had a piece of jewelry made from her ashes. MARTIN ALARIE / LE JOURNAL DE MONTRÉAL
According to the Commission for the Study of Mental Disorders (CETM) report consulted by Le Journal, Philippe Harvey, 31, has a history of mental problems and suffers from a psychotic disorder. On April 12, 2022, the verdict was made that he was incapable of committing a crime due to a mental disorder. The file was therefore forwarded to the Commission for further processing.
During his hearing, it was noted that Philippe Harvey posed a danger to the public and that he trivialized the acts committed. Nevertheless, he was released almost immediately.
“Time Bomb”
Given all these elements, Geneviève Gauvin naturally finds it difficult to mourn.
Solange Paré shortly after her attack in February 2022. Courtesy of Geneviève Gauvin
Solange Paré shortly after her attack in February 2022. Courtesy (add source)
The many inconsistencies prevent him from finding peace. She also fears that Philippe Harvey, who now enjoys complete freedom since his restrictions were lifted in recent weeks, could attack another innocent person.
“Maybe he’s a time bomb, this guy,” she said. Maybe he wasn’t judged based on the seriousness of the crime, maybe that’s it […] ultimately a murder. »
Geneviève Gauvin holds a photo of her mother, Solange Paré. MARTIN ALARIE / LE JOURNAL DE MONTRÉAL
The CETM refused to answer our questions and claimed that all its files were confidential. When reached by phone, Philippe Harvey’s mother declined to comment before hanging up.
With Michael Nguyen.
Inconsistencies in the file:
No autopsy or forensic examination:
Solange Pagé was quickly released from the hospital shortly after her attack and was able to briefly return home. However, just over two weeks before her death, she had to be hospitalized again. According to an official document accessed by Le Journal, the causes of death were pneumonia, severe COVID-19, septic shock and complications related to a kidney transplant performed before the crime. Strangely, no autopsy or forensic examination was ordered after her death, even though she had been the victim of a brutal attack six weeks earlier that had seriously injured one of her lungs. After the Journal’s efforts and much urging from Ms. Gauvin, the coroner’s office finally agreed to an inquest in recent days.
We also refused to send her the medical files, the young woman regrets. Contacted on the matter, the CIUSSS du Nord-de-l’île-de-Montréal, which manages the hospital where Ms. Paré died, only claimed to have processed the application in accordance with the law and called on the victim’s daughter to to submit an application or complaint if necessary.
Threats five days earlier:
Just five days before the attack on Solange Paré, Philippe Harvey threatened two supermarket employees with the point of a steak knife because he was asked to wear a mask. Shortly after his arrest, he said to police: “Have you ever seen that, a sorcerer who kills everyone?” »
In this case, too, it was found that he was not criminally responsible.
The danger and proximity between the two attacks did not appear to have been taken into account in the Commission’s decision to release him.
Back at home :
During the first hearing in May, the Commission of Inquiry into Mental Disorders (CETM) ordered Philippe Harvey to be detained in hospital. Nevertheless, he was sent home by medical staff, just a few meters from the victim’s house, where Geneviève Gauvin also lived. The man, with whom he had no contact, filed a complaint of harassment at least once. A file for non-compliance with the conditions was submitted to the Directorate of Criminal and Prosecution (DPCP), but it was not accepted by them. To date, it is impossible to know the reasons for this decision.
The testimony of the defendant’s mother is as follows:
At the second hearing before the Commission for the Investigation of Mental Disorders (CETM), the recent death of Solange Paré was announced. No expert came to testify about the cause of death. The defendant’s mother claimed she simply died of COVID-19. For some inexplicable reason, his statements were maintained due to his “great credibility” and were not challenged by the CETM. This is the only “evidence” presented to the Commission that confirms that Solange Paré did not die as a result of the attack.
49 days to settle the file:
While judicial delays occur everywhere, this case was surprisingly resolved within 49 days. During this short delay, the defendant had time to appear, be examined by a psychiatrist, and receive his sentence. All without a lawyer.
It is impossible to blame him twice:
In Canada, the law states that the same person cannot be charged twice with the same crime. In other words, even if there were documents proving the causal connection between the attack and the death of Solange Paré, the DPCP would not be able to bring new charges. Since the same events and the same evidence are involved, it is impossible to denounce the same crime twice, even if the victim died after the verdict, the organization confirmed.
However, Ms Paré’s daughter believes that the general indifference with which the matter has been handled could endanger the population.
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